|
MESSAGE NO: 7236204 DATE: 8/24/2007 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A-570-846 PERIOD COVERED: 04/01/2005 TO 03/31/2006 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTION FOR BRAKE ROTORS FROM CHINA, EXPORTED BY ENTITIES LISTED BELOW (A-570-846) THERE ARE NO RESTRICTIONS ON THE RELEASE OF THE INFORMATION CONTAINED INT HIS E-MAIL MESSAGE. 1. FOR ALL SHIPMENTS OF BRAKE ROTORS FROM THE PEOPLE'S REPUBLIC OF CHINA MADE BY THE ENTITIES LISTED BELOW, ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 04/01/2005 THROUGH 03/31/2006, ASSESS THE ANTIDUMPING LIABILITY OF THE BELOW PERCENTAGE OF THE ENTERED VALUE. EXPORTERCUSTOMS ID # AD VALOREM CHINA NATIONAL INDUSTRIAL MACHINERY I & E CO./ CHINA NATIONAL INDUSTRIAL MACHINER IMPORT & EXPORT CORPORATION. A-570-846-021 4.22 PERCENT LAIZHOU AUTO BRAKE EQUIPMENTS CO., LTD. A-570-846-022 4.22 PERCENT QINGDAO GREN CO./QINGDAO GREN (GROUP) CO./ GREN GROUP (QINGDAO) CO. A-570-846-024 4.22 PERCENT ZIBO LUZHOU AUTOMOBILE PARTS CO., LTD. A-570-846-026 4.22 PERCENT LAIZHOU HONGDA AUTO REPLACEMENT PARTS CO., LTD. A-570-846-028 4.22 PERCENT LONGKOU TLC MACHINERY CO., LTD.A-570-846-040 4.22 PERCENT ZIBO GOLDEN HARVEST MACHINERY LIMITED COMPANY A-570-846-058 4.22 PERCENT LAIZHOU CITY LUQI MACHINERY CO., LTD. A-570-846-059 4.22 PERCENT SHENYANG YINGHAO MACHINERY CO. A-570-846-048 4.22 PERCENT LONGKOU JINZHENG MACHINERY CO.,LTD. A-570-846-060 4.22 PERCENT SHANXI ZHONGDING AUTO PARTS CO.,LTD. A-570-846-057 4.22 PERCENT SHANDONG LAIZHOU HUANRI GROUP CO.LTD. A-570-846-034 4.22 PERCENT 2. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 04/01/2005 THROUGH 03/31/2006 OCCURRED WITH THE PUBLICATION OF THE FINAL RESULTS OF ADMINISTRATIVE REVIEW (72 FR 42386, DATED 08/02/2007). FOR ALL OTHER SHIPMENTS OF BRAKE ROTORS FROM THE PEOPLE'S REPUBLIC OF CHINA YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATE. 3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAY INTEREST ON OVERPAYMENTS AND ASSESS INTEREST ON UNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY ORDER, WHICH IS 04/17/1997. INTEREST SHALL BE CALCULATED FROM THE DATE PAYMENT OF ESTIMATED ANTIDUMPING DUTIES IS REQUIRED THROUGH THE DATE OF LIQUIDATION. THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD. 4. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE IMPORTER CERTIFIES THAT IT HAS AN AGREEMENT WITH THE EXPORTER TO BE REIMBURSED ANTIDUMPING DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER DOES NOT PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O8: JCM). 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE. CATHY SAUCEDA |